SB249: establishing a new position and relative to the realignment of functions in the department of corrections.

SB 249-FN – AS INTRODUCED

2007 SESSION

07-1318

04/09

SENATE BILL 249-FN

AN ACT establishing a new position and relative to the realignment of functions in the department of corrections.

SPONSORS: Sen. D'Allesandro, Dist 20

COMMITTEE: Executive Departments and Administration

ANALYSIS

This bill:

I. Establishes the unclassified positions of deputy commissioner and inspector general within the department of corrections.

II. Establishes appointment procedures for the deputy commissioner, senior physicians, and dentists, and permits the commissioner of the department of corrections to assign or reassign wardens, senior physicians, or dentists to any corrections facility.

III. Renames the division of field services to the bureau of field services.

IV. Was requested by the department of corrections.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

07-1318

04/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Seven

AN ACT establishing a new position and relative to the realignment of functions in the department of corrections.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 Department of Corrections; Internal Organizational Units. RSA 21-H:4, I(a) is repealed and reenacted to read as follows:

I. The division of administration, under the supervision of a director of administration, who shall, in accordance with applicable laws:

(a) Be responsible to provide for:

(1) Accounting, purchasing and budget control.

(2) Property, contracts and grant management.

(3) Assistance to the commissioner with short and long range department level planning activities.

2 Department of Corrections; Internal Organizational Units. Amend RSA 21-H:4, II to read as follows:

II. The [division] bureau of field services, under the supervision of [a director] an administrator of field services, who shall be responsible for supervising adults placed on probation and inmates placed on parole.

3 New Paragraph; Department of Corrections; Internal Organizational Units. Amend RSA 21-H:4 by inserting after paragraph IV the following new paragraph:

V. The inspector general, under the supervision of the commissioner, who shall:

(a) Conduct and supervise audits and investigations relating to the programs and all aspects of the operations of the department.

(b) Coordinate and recommend policies for activities designed to promote economy, efficiency, and effectiveness in the administration of the department, and to prevent and detect fraud and abuse in departmental programs and operations.

(c) Advise the commissioner concerning problems or deficiencies relating to the administration of departmental programs and operations, and the provide advice on the necessity for, and progress of, corrective action.

(d) Other duties as assigned by the commissioner.

4 Department of Corrections; Commissioner, Assistant Commissioner. RSA 21-H:6 is repealed and reenacted to read as follows:

21-H:6 Commissioner and Other Department Officials; Appointment; Term.

I. The commissioner of the department shall be appointed by the governor, with the consent of the council, and shall serve for a term of 4 years from the date of appointment and until a successor is appointed.

II. The commissioner of the department shall nominate for appointment of the governor, with the consent of the council, an assistant commissioner who shall serve at the pleasure of the commissioner.

III. The commissioner of the department shall nominate for appointment by the governor, with the consent of the council, a deputy commissioner who shall serve at the pleasure of the commissioner.

IV. The commissioner of the department shall nominate for appointment by the governor, with the consent of the council, an inspector general who shall serve at the pleasure of the commissioner.

V. The commissioner of the department shall nominate for appointment by the governor, with the consent of the council, each division director and warden of all the New Hampshire state prisons. All division directors and the wardens of the New Hampshire state prisons shall serve at the pleasure of the commissioner.

VI. The commissioner of the department shall nominate for appointment by the governor, with the consent of the council, senior physicians and dentists who shall serve at the pleasure of the commissioner.

VII. Wardens, senior physicians, and dentists may be assigned to any correctional facility at the discretion of the commissioner.

5 Department of Corrections; Qualifications and Compensation. Amend RSA 21-H:7 to read as follows:

21-H:7 Qualifications and Compensation of Certain Officials.

I. The commissioner, [and] assistant commissioner, and deputy commissioner of the department shall be qualified to hold such positions by reason of education and experience.

II. The directors of all divisions of the department shall be qualified to hold their respective positions by reason of education and experience.

III. The salaries of the commissioner, assistant commissioner, deputy commissioner, [and the] division directors, senior physicians, and dentists of the department shall be as specified in RSA 94:1-a.

6 Department of Corrections; Powers and Duties of Commissioner. Amend RSA 21-H:8, II(d) to read as follows:

(d) Delegate authority to subordinates as the commissioner deems necessary and appropriate, except that rulemaking authority shall not be delegated. The commissioner shall provide by delegation for the assistant commissioner, deputy commissioner, or a [division director] warden to exercise authority in the commissioner's absence. All such delegations shall be made in writing, shall be disseminated to all division directors, shall clearly delineate the authority delegated and the limitations thereto, and shall be kept on file in the commissioner's office. The assistant commissioner shall assume the duties of the commissioner in the event that the commissioner is unable for any reason to perform such duties.

7 Department of Corrections; Status in Retirement System. Amend RSA 21-H:8-a to read as follows:

21-H:8-a Assistant Commissioner, Deputy Commissioner; Status in Retirement System. For purposes of classification under RSA 100-A, the assistant commissioner and deputy commissioner of the department of corrections shall be considered [a] permanent [policeman] policemen if the assistant commissioner and deputy commissioner [was a] were permanent police [member] members of group II for at least 10 years prior to appointment as assistant commissioner and deputy commissioner, and each continues to be certified as a police officer under RSA 188-F:26 and 188-F:27.

8 Unclassified Salary; Director of Operations. Amend RSA 94:1-a, I(b) by:

I. Deleting:

GG Department of corrections director, division of field services

II. Inserting:

GG Department of corrections administrator, bureau of field services

II Department of corrections inspector general

JJ Department of corrections deputy commissioner

9 Reference Change. Amend the following RSA sections by replacing “division” with “bureau:” RSA 6:12, I(b)(57); the introductory paragraph in RSA 100-A:1, VII(f); RSA 135:17-a, II; RSA 504-A:13, III; RSA 597:2, V(c); and RSA 651:63, V and VII.

10 Repeal. RSA 21-H:4, I(c), relative to operation of the special school district by department of corrections, is repealed.

11 Effective Date. This act shall take effect upon its passage.

LBAO

07-1318

Revised 03/20/07

SB 249 FISCAL NOTE

AN ACT establishing a new position and relative to the realignment of functions in the department of corrections.

FISCAL IMPACT:

The Department of Corrections and Department of Administrative Services have determined this bill may increase state expenditure by an indeterminable amount in fiscal year 2008 and each year thereafter. There will be no fiscal impact on state, county, and local revenue or county and local expenditures.

METHODOLOGY:

The Department of Corrections states this bill establishes two new unclassified positions. However this bill does not appropriate funds for these positions. It establishes the position of Deputy Commissioner at labor grade JJ with benefits calculated at 48.3%. The Department assumes this position would start at step 4 in fiscal year 2008 and would be at the maximum step in FY 2009 and each year thereafter. The other position established by this bill is an inspector general at labor grade II with benefits calculated at 48.3%. The Department assumes this position would start at the minimum step in FY 2008 and receive a step increase in FY 2009 and each year thereafter. Based on these assumptions the Department calculates the cost of these two new positions as follows:

The Department of Administrative Services states this bill establishes two new unclassified positions. It establishes the position of Deputy Commissioner at labor grade JJ and inspector general at labor grade II. The Department calculates benefits at 48.3% and assumes these positions would start at the minimum step in FY 2008 and receive a step increase in FY 2009 and each year thereafter. The Department further assumes additional expenses for equipment, in-state travel, and current expenses to support the positions Based on these assumptions the Department calculates the cost of these two new positions as follows: